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Regular Session, 2012
SENATE BILL NO. 608
BY SENATOR MURRAY
SPECIAL DISTRICTS. Creates the New Orleans Hospitality Zone District. (gov sig)
AN ACT1
To enact Subpart B-47 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 33:130.851 through 130.860, relative to economic3
and community development in Orleans Parish; to create the district; to provide for4
the boundaries of the district; to provide for the governance of the district; to provide5
for the powers, duties, and functions of the district; to provide for the creation of6
subdistricts; to provide for the incurrence of debt; and to provide for related matters.7
Notice of intention to introduce this Act has been published.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Subpart B-47 of Part IV of Chapter 1 of Title 33 of the Louisiana Revised10
Statutes of 1950, to be comprised of R.S. 33:130.851 through 130.860, is hereby enacted to11
read as follows:12
SUBPART B. NEW ORLEANS HOSPITALITY ZONE DISTRICT13
§130.851. Title.14
The provisions of this Subpart shall hereafter be known as the "New15
Orleans Hospitality Zone District Act."16
§130.852. New Orleans Hospitality Zone District; creation; territorial17 SB NO. 608
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jurisdiction.1
A. There is hereby created in the city of New Orleans, referred to in this2
Subpart as the "city," the New Orleans Hospitality Zone District, a body politic3
and corporate of the State, referred to in this Subpart as the "district," which4
shall be comprised of all territories within the boundaries of the Pontchartrain5
Expressway, at the point where it intersects with Claiborne Avenue, down to the6
Mississippi River; the Mississippi River to a point where it intersects with a line7
drawn straight down from the end of Elysian Fields; Elysian Fields to a point8
where it intersects with Claiborne Avenue; Claiborne Avenue back to the point9
where it intersects with the Pontchartrain Expressway.10
B. The district shall be a political subdivision of the state as defined in11
Article VI, Section 44 of the Constitution of Louisiana and is granted all of the12
rights, powers, privileges and immunities accorded by law and the Constitution13
of Louisiana to political subdivisions of the state, subject to the limitations14
provided in this Subpart.15
§130.853. Definitions.16
As used in this Subpart:17
(1) "Board" means the board of commissioners of the New Orleans18
Hospitality and Entertainment District.19
(2) "City" means the City of New Orleans.20
(3) "District" means the New Orleans Hospitality Zone District, created21
as a body politic and corporate and political subdivision of the State of22
Louisiana comprised of all of the territory in the parish of Orleans.23
(4)"Hospitality zone" means all territories within the boundaries of the24
Pontchartrain Expressway, at the point where it intersects with Claiborne25
Avenue, down to the Mississippi River; the Mississippi River to a point where26
it intersects with a line drawn straight down from the end of Elysian Fields;27
Elysian Fields to a point where it intersects with Claiborne Avenue; Claiborne28
Avenue back to the point where it intersects with the Pontchartrain29 SB NO. 608
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Expressway.1
(5) "Hotel" means any establishment engaged in the business of2
furnishing or providing rooms intended or designed for dwelling, lodging, or3
sleeping purposes to transient guests where such establishment consists of ten4
or more guest rooms but does not include any hospital, convalescent or nursing5
home or sanitarium, or any hotel-like facility operated by or in connection with6
a hospital or medical clinic providing rooms exclusively for patients and their7
families.8
(6) "Mayor" means the mayor of the City of New Orleans.9
§130.854. Purpose.10
The district is created to provide for cooperative economic and11
community development among the district, the city, the state, the organizations12
listed in this Subpart and the owners of property in the hospitality zone, to13
enhance the development of and improvement to the properties within the14
hospitality zone, to promote tourism within the hospitality zone, to provide15
enhanced public safety and sanitation within the zone, to provide for signage16
and lighting within the hospitality zone, to provide for property renewal and17
repair within the zone and to expand the entertainment and leisure activities18
and facilities within the hospitality zone.19
§130.855. Governance.20
A. In order to effect the purposes of the district, the district shall be21
administered and governed by a board of commissioners, referred to in this22
Subpart as the "board", composed of ten members appointed and qualified as23
follows:24
(1) The chair or holder of equivalent office of each of the Greater New25
Orleans Hotel and Lodging Association, Inc.; the New Orleans Chapter of the26
Louisiana Restaurant Association, Inc; the New Orleans Convention and27
Visitors Bureau; the Louisiana Stadium and Exposition District; the New28
Orleans Tourism Marketing Corporation; and the Ernest N. Morial-New29 SB NO. 608
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Orleans Exhibition Hall Authority, or the successor in function of each, as1
applicable, who shall serve ex officio and shall have full voting rights on all2
matters coming before the board.3
(2) Five residents of Orleans Parish appointed by the mayor, all of whom4
shall be of the full age of majority and registered voters of Orleans Parish and5
none of whom may hold local, municipal, parish, state, or federal elective office6
or any local, municipal, parish, state or federal non-elective office or7
employment, and all of whom shall have substantial business interests related8
directly to tourism in the hospitality zone, either as owners or operators of9
hotels or other tourism or hospitality businesses. The members so appointed by10
the mayor shall serve at the pleasure of the mayor and shall have full voting11
rights on all matters coming before the board.12
B. The members of the board shall serve without salary or per diem.13
The board may reimburse any member for reasonable, actual and necessary14
expenses incurred in the performance of his or her duties pursuant to this15
Subpart.16
C. The mayor shall appoint from among the ex officio members of the17
board a chair of the board to serve for a term of six years and until a successor18
is designated. Any vacancy in the office of chair during original six-year term19
shall be filled by the mayor from among the ex officio members of the board.20
After the expiration of the original six-year term, the board shall elect a chair21
from among its members. The board may elect from among its members a22
secretary, treasurer and such other board officers as it deems appropriate.23
D. The board shall meet in regular session once each quarter and shall24
also meet in special session as often as the chairman of the board convenes the25
board or upon the written request of three members. A majority of the26
members of the board shall constitute a quorum for the transaction of business.27
All such meetings shall be public meetings subject to the Louisiana Open28
Meetings Law. The board shall keep minutes of all meetings and shall make29 SB NO. 608
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them available for inspection through the board's secretary or secretary-1
treasurer, who shall also maintain the minute books and archives of the district.2
The monies, funds, and accounts of the district shall be in the official custody3
of the board.4
E. The domicile of the board shall be established by the board at a5
location within the district. The official journal of the district shall be the6
official journal of the city.7
F. All administrative duties requiring staff assistance to the board shall8
be furnished from the personnel of the New Orleans Convention and Visitors9
Bureau and New Orleans Tourism Marketing Corporation.10
§130.856. Rights and Powers.11
The district, acting by and through its board, shall have and exercise all12
powers of a political subdivision necessary or convenient for the carrying out13
of its objects and purposes, including but not limited to the following in addition14
to the other rights and powers set out in this Subpart:15
(1) To sue and be sued.16
(2) To adopt, use, and alter at will a corporate seal.17
(3) To acquire by gift, grant, purchase, or otherwise all property,18
including rights of way; to hold and use any franchise or property, real,19
personal, or mixed, tangible or intangible, or any interest therein, necessary or20
desirable for carrying out the objects and purposes of the district.21
(4) To enter into contracts for the purchase, lease, acquisition, finance,22
construction, and improvement of works and facilities necessary in connection23
with the purposes of the district, and to mortgage and otherwise encumber its24
properties and enter into leases and other agreements on terms the board25
approves.26
(5) To require and issue licenses with respect to its properties and27
facilities.28
(6) To regulate the imposition of fees and rentals charged by the district29 SB NO. 608
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for its facilities and services rendered by it.1
(7) To appoint agents and independent contractors, prescribe their2
duties, and fix their compensation.3
(8) To exercise any and all of the powers granted to an economic4
development district as if the district were an economic development district5
established pursuant to Part 2 of Chapter 27 of Title 33 of the Louisiana6
Revised Statutes of 1950, including but not limited to the powers of tax7
increment financing pursuant to R.S. 33:9038.33 and 33:9038.34 and the power8
to levy taxes within the district pursuant to R.S. 33:9038.39, provided that any9
such powers exercised by the district shall be subject to the provisions of Part10
2 of Chapter 27 of Title 33 of the Louisiana Revised Statutes of 1950.11
§130.857. Applicability of Public Bid Laws.12
Any purchases or contracts made or entered into by the district shall be13
in accordance with Part II of Chapter 10 of Title 38 of the Louisiana Revised14
Statutes of 1950.15
§130.858. Creation of Subdistricts.16
The district may create subdistricts as provided in this Section. The17
district shall publish notice of its intent to create a subdistrict in the official18
journal of the district. At least ten days after publication of such notice in the19
official journal of the district, the board shall conduct a public hearing on the20
question of creating such subdistrict. Thereafter, the board may designate one21
or more areas within the boundaries of the district as a subdistrict of the22
district. Each subdistrict shall constitute a political subdivision of the state and23
shall be governed by the board. Each subdistrict shall have the same powers24
and purposes as the district and shall be given a name and designated as "New25
Orleans Hospitality Zone District Subdistrict No. ___" or such other suitable26
name as the board may designate.27
§130.859. Liberal Construction.28
This Subpart, being necessary for the welfare of the state, the city-parish29 SB NO. 608
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and its residents, shall be liberally construed to effect the purposes thereof.1
§130.860. Severability.2
The provisions of this Subpart are severable. It is intended that if any3
provision of this Subpart should be adjudged invalid or unenforceable, then4
such provision shall be ineffective to the extent of such invalidity or5
unenforceability without invalidating the remaining provisions of this Subpart.6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
The original instrument and the following digest, which constitutes no part of the legislative
instrument, were prepared by Michael Bell.
DIGEST
Proposed law creates the New Orleans Hospitality Zone District.
Proposed law provides for boundaries of the district.
Proposed law provides that the district is created to provide for cooperative economic and
community development among the district, the city, the state, organizations and the owners
of property in the hospitality zone.
Proposed law provides for the district to be administered and governed by a board of
commissioners, composed of 10 appointed members.
Proposed law provides for the following rights and powers:
(1) To sue and be sued.
(2) To adopt, use, and alter at will a corporate seal.
(3)To acquire by gift, grant, purchase, or otherwise all property, including rights of
way; to hold and use any franchise or property, real, personal, or mixed, tangible or
intangible, or any interest therein, necessary or desirable for carrying out the objects
and purposes of the district.
(4)To enter into contracts for the purchase, lease, acquisition, finance, construction, and
improvement of works and facilities.
(5)To require and issue licenses with respect to its properties and facilities.
(6)To regulate the imposition of fees and rentals charged by the district for its facilities
and services rendered by it. SB NO. 608
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(7)To appoint agents and independent contractors, prescribe their duties, and fix their
compensation.
(8)To exercise any and all of the powers granted to an economic development district
as if the district were an economic development district established pursuant to law,
including powers of tax incremental financing.
Proposed law provides for the creation of subdistricts within the Hospitality Zone District.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S.33:130.851 through 130.860)